Appeals Court Won't Be Bypassed in Microsoft Case
Monday, June 19, 2000
By Eun Kyung-Kim
Fox news
WASHINGTON — The U.S. Court of Appeals, in a victory for
Microsoft, rejected on Monday a request by the government that it
stay out of the huge antitrust case.
In doing so, the court turned down a Justice Department motion to
summarily dismiss Microsoft's requested stay of a federal judge's
June 7 order to break the software-maker into two companies and
restrict its business practices.
The department had sought to have the appellate court bypassed in
the appeals process following U.S. District Judge Thomas
Penfield Jackson's order earlier this month. The department wants
the case sent directly to the Supreme Court for review.
The decision on Monday thwarting that attempt was the latest in a
series of legal volleys between Microsoft and the government in
the wake of Jackson's order that Microsoft be split in half as a
remedy for violating antitrust laws.
However, the appellate court did say that in the event that
Jackson sent the case directly to the nation's highest court, it
would stand aside.
The Justice Department issued a statement applauding that part of
the ruling.
"We're very pleased with the court's ruling that it would stay
further proceedings if the district court certifies the case for
direct appeal to the Supreme Court," said department spokeswoman
Gina Talamona.
She added that the court had issued the same order in the case
brought against the software-maker by 19 states — indicating that
it would follow the government's view that the cases have been
consolidated. Microsoft had argued that the state case could not
be certified to the Supreme Court.
Jackson postponed his split of Microsoft from taking effect until
the case makes its way through the appeals process. However, the
restrictions he ordered on company business practices would start
taking effect on Sept. 5.
On Friday, the department told the federal appeals court that
Microsoft violated federal rules of procedure by asking it to
stay antitrust penalties before the trial judge ruled on the same
request.
Last week, Microsoft asked the appellate court for a stay after
Jackson deferred a decision on a stay. On Thursday, Microsoft
filed a brief in the appellate court arguing that it was not
required to wait for Jackson's ruling.
The Justice Department has requested that Jackson send the case
directly to the Supreme Court, bypassing the appellate court,
which has reversed Jackson's decisions regarding Microsoft in the
past. The past record of the appellate court toward Microsoft is
the reason the software-maker maneuvered to get the case heard by
that court.
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